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Address and notice of enforcement

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  • Address and notice of enforcement

    Hi everyone,

    In need of a bit of advice here but I will keep it short and sweet.

    My main question is with a notice of enforcement ( and probably also a high court writ) against a limited company, would it be unenforceable if the address was slightly wrong on it as I have heard different things. For example if the address had the number and postcode right but the street name was spelled incorrectly, for example saying desert street instead of dessert street? I have been told by some there is no room for error on high court writs etc but that it will not matter by others.

    The main reason for this is a notice of enforcement (and also a writ) that had never been delivered. It had been escalated to phase two at the first instance of finding out about the writ and when questioned on the previous missing correspondence and for any proof of postage or tracking number was told "it was served by way of being posted, first class post inaccordance with the requirements under legislation. A letter is deemed delivered when it was properly addressed,prepaid and posted and would have been delivered in the ordinary course of the post." Would the address being slightly wrong mean it was not properly addressed and therefore invalidate their claim and revoke their fees? There are many other parts to this but it has been going on for a while and the amount of the original debt has been paid, we just want the unfair and manipulated fees gotten rid of and to put this behind us.

    I have been advised just to make a sworn statement that it never turned up and that would do. Should I also add in on this that it wasn't correctly addressed and that should clear all the fees and mean the debt was paid, I am extremely grateful for any replies especially quick ones as I just want to put this matter behind me.

    Thank you

    - - - Updated - - -

    Also can someone advise me, am I right in thinking they shouldn't be charging VAT on fees too??
    Tags: None

  • #2
    Re: Address and notice of enforcement

    Using the scenario that you have outlined above (Desert Street as opposed to Dessert Street as an example) would not invalidate enforcement.

    There is no legal obligation on an enforcement company to provide 'proof of postage' and a 'tracking number' is just plain silly. Failure to provide either will not invalidate the claim or the fees.

    A statutory declaration is another online myth which is best ignored.....as it certainly will be by the enforcement company.

    Comment


    • #3
      Re: Address and notice of enforcement

      So do you have any advice with the situation as surely no notice of enforcement turning up should have a defence, especially when you doubt they sent it at all?

      Comment


      • #4
        Re: Address and notice of enforcement

        If you could provide some background information that would help.

        What fees have been added to the debt?

        Has the enforcement agent taken control of any goods belonging to the business?

        PS: You say that you did not receive the write of control. The reason for this is simple. The writ is the document sent to the enforcement company. It is their legal authority to enforce the debt.

        Comment


        • #5
          Re: Address and notice of enforcement

          Ok fees charged so far include:

          Compliance Stage Fee £75.00
          First Enforcement Stage Fee £285.00
          Second Enforcement Stage Fee £495.00
          Sale or Disposal Stage Fee £621.00
          Totalling £1,476.00

          VAT £295.20

          There was nothing to take control of as the company's offices are just working as a registered address for now and they are taken up by other companies that are now operating from the same address. First contact to anyone from the hceo was when he gave a letter to an employee from another business at the office saying he was escalating it to stage 2 as the only employee from the original company was on holiday until the sale or disposal fee was allegedly carried out, again as previously stated only one visit ever occured that we know of whilst no one was present.

          I'm just wondering what is there to defend someone against a hceo company not giving any notice of enforcement and just adding costs on?

          Comment


          • #6
            Re: Address and notice of enforcement

            How much was the debt that the company were enforcing for?

            Comment


            • #7
              Re: Address and notice of enforcement

              it was around £2100

              Comment


              • #8
                Re: Address and notice of enforcement

                You have stated that there are no goods within the limited company that can be taken . The enforcement company have charged a 'sale stage fee' of £621. If no goods were identified, then this fee cannot be charged !!

                Can you confirm the position regarding assets.

                Comment


                • #9
                  Re: Address and notice of enforcement

                  This sounds very much like the sort of thing DCBL get up to.

                  Comment


                  • #10
                    Re: Address and notice of enforcement

                    Agree ploddertomLooks like a DCBL, or something the unlamented Sherfarce would do, what goods were taken, stored and sold to ground the fees?

                    Comment


                    • #11
                      Re: Address and notice of enforcement

                      Not the nice DCBL men from the tele one who I would like o hit with a baseball bat for being an ahole coward

                      Comment


                      • #12
                        Re: Address and notice of enforcement

                        Originally posted by wales01man View Post
                        Not the nice DCBL men from the tele one who I would like o hit with a baseball bat for being an ahole coward
                        The ones who are threatening people with Parking Invoices, by adding Collection charges in the
                        hundreds of pounds, who need more than a mild tolchock, and visit from Mr Deltoid to squeeze their nuts.

                        Comment

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